Presentation on theme: "Form I-9: Refresher Training CWD | June 2014. I.What’s an I-9 II.Harvard’s Process: New Hires, Re-Certification I.New Stuff I.PS Eligible Flag to Work."— Presentation transcript:
Form I-9: Refresher Training CWD | June 2014
I.What’s an I-9 II.Harvard’s Process: New Hires, Re-Certification I.New Stuff I.PS Eligible Flag to Work Flag II.Electronic I-94 II.HSPH I-9 Processing III.Review the I-9 IV.Types of Visas FNIF Changes V.Glacier Resources Today’s Agenda
I | Form I-9 Full Title: Form I-9, Employment Eligibility Verification Purpose: completed by all newly hired employees in order to verify their identity and authorization to work in the United States. Affects: US Citizens and Non-US Citizens working in the US New Hires Rehires (non-US Citizens only) – any status change, such as from an H1-B Visa to Permanent Resident Issued By: Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS)
Section 2: The Employer Examine and record document(s) provided Attestation I | Who Completes this Form? Section 1: Employee Any person to perform labor or services New employees hired after November 6, 1986 All Rehires (Harvard Process) Recertification Section 3: Recertification (do not use) Harvard Process – do not use this section. For recertification, complete Sections 1 & 2 of a NEW I-9
II | Harvard Process
II | New Hires: On-boarding Process Offer Accepted Start Date Completed I-9 to Central Payroll* *ASAP! Central Payroll has a 24-hour turnaround time on correctly completed forms 1-2 days ID Card HR/Fin Authorized Requestor Job pushed to PS Tub’s Directory Contact
II | Payroll & the I-9 Payroll Process (24-hours) Reviews the I-9 and supporting documentation Adds SSN (or dummy SSN) to the I-9 table and checks “Eligible to work in US” Remember Those Payroll Calendar Deadlines Biweekly pay period Last day you can submit to PS Payroll calculation NO SUBMITTING Check Date
Harvard’s Process for Expired Visas Direct deposit is turned off, and physical checks are created Tub instructs the employee to stop working until he or she provides a new Form I- 9 with supporting documentation You may work with the employee and the HIO – for example, for an H-1B extension Once the I-9 is received, Central Payroll re-establishes direct deposit. II | Expired Visas If the employee cannot recertify, he or she is given outstanding checks and removed from active payroll by their local department – they are no longer eligible to work. Penalties for Hiring/Continuing to Employ Unauthorized Aliens Individuals can be held personally responsible Fines may be assessed per unauthorized alien First Offense $375 -$3,200 Second Offense $3,200 - $6,500 Third Offense $4,300 - $16,000
II | I-9 Re-Certification 1.MONTHLY: Run the Visa Expiration Report: Harvard Reports > Payroll Related > Visa Expiration Report This report returns all visas that either have expired or will expire in 180 days. 2.Contact the employee to bring in updated documents. 4. Send the completed I-9 and document copies to Central Payroll 3.Complete a NEW Form I-9, sections 1 and 2. Update HUID = Paygroup = POU
II | Harvard International Office (HIO) Working with the HIO Sponsorship Submittal Working through all necessary paperwork Extension Requests Example: submitting a Form I-129 –indicating a continuation of employment
II | Rehires in PeopleSoft After an employee has been terminated and has had not active job for one year, the Eligible to Work in U.S. checkbox is automatically unchecked. As with all recertifications and rehires – the employee must complete a new I-9 form.
II | I-94 Electronic Form The I-94 Arrival / Departure form is now an electronic form for those travelers entering the port of Boston. Custom Officers no longer provide a paper form. For your visa holders presenting their original documentation for the I-9 Form, make sure they go to the government website: https://i94.cbp.dhs.gov/I94/request.html and print the electronic copy of their I-94 form and provide that along with their other original documentation.https://i94.cbp.dhs.gov/I94/request.html You should continue to list the I-94 document in LIST A as you did when it was a paper form.
HSPH I-9 Processing HSPH I-9 Processing in WASABI The I-9 process is the same workflow as other Wasabi personnel actions: 1.Departments prepare the Wasabi transaction 2.Attach the completed I-9 form and documents as one.pdf file 3.Approve and transmit the I-9 payroll action 4.HR, OFA, or OFS reviews the I-9 and approves 5.If not complete or correct, the action is “rejected” back to the department for correction and re-transmission. Reasons for rejection: Transposed SSN numbers, missing signature or start date, Out-of State address, updated I-9 does not include HUID and playgroup, etc. Transmission to Central Payroll: I-9 Form and documents will get transmitted twice a day to Central Payroll at 12pm & 4pm. Please allow 24 hours for I-9 to clear and be entered in Central. Once clear, HR Assistant notifies HR Partner to approve HIRE action (for staff) or Faculty Affairs will approve the Wasabi form (for academic appointees.)
General Reminders Temporary Social Security Numbers Please notify HR if you are updating an I-9 that previously had a temporary social security number. You can do this by: a.) putting it in the “Notes” section on the I-9 action form or b.) by writing it on the I-9. If you requested a temporary social security number and are updating the I-9 with the new number, you must submit a copy of the new social security card. Out-of-State Hires The address on the I-9 form must reflect a local Massachusetts address, with the exception of California, Rhode Island and New Hampshire. Please contact your HR Partner or Faculty Affairs with questions regarding Out-of-State Hiring. Entering Social Security Numbers Please double-check as you enter Social Security Numbers on the forms. The number entered on the I-9 form must match the number entered on the WASABI payroll action in order to prevent delays. Additional Resources: Personnel Section of the Wasabi Online Manual Wasabi Job Aid Personnel Section of the Wasabi Online Manual Wasabi Job Aid HSPH I-9 Processing (cont’d)
III | Review the I-9
III | The I-9 Form
Foreign passport with Form I-94 or Form I-94A Employees with J-1 Visas (exchange visitors) and F-1 Visas (students) must provided additional documentation Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine- readable immigrant visa (MRIV) US Passport or US Passport Card III | List A Documents - UNEXPIRED + Permanent Resident Card or Alien Registration Receipt Card (Form I-551) + Employment Authorization Document (Card) that contains a photograph (Form I-766) Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A
Drivers License issued by State or outlying territory of the US Federal/State I.D. card School I.D. card Voters registration card III | List B Documents (Identity Only) If Under 18: School record/report card Clinic, hospital, doctor record Day care or nursery school record U.S. Military card/draft record Military Dependent ID Coast Guard Merchant mariner Card Native American Tribal Document Canadian driver’s license
Social Security card, except for one that states that the person is not authorized to work Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545) Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal Native American tribal document U.S. Citizen ID Card (Form I-197) Identification Card for Use of Resident Citizen in the United States (Form I-179) Employment authorization document issued by DHS, for example: – Form I-94 issued to an asylee or work-authorized nonimmigrant (e.g., H-1B non-immigrants), – Unexpired Reentry Permit (Form I-327), – Certificate of U.S. Citizenship (Form N-560 or N-561). III | List C Documents (Employment Authorization)
III | FAQ’s QuestionAnswer May I specify which documents I will accept for verification? May I accept expired documents? May I accept Social Security Administration printouts that contain the employee’s name, SSN, Date or Birth, and parent’s names instead of a Social Security Card? May I accept a Social Security card marked “ NOT VALID FOR EMPLOYMENT ” when the employee states that he or she is now authorized to work? May I accept a photocopy or fax of a document presented by an employee? NO You must accept any document (list A) or combination (list B + list C) NO Exceptions: Expired Employment Authorization Documents (I- 766) and Permanent Resident Cards (I-551) that appear to be expired on their face but have been extended by the USCIS NO Only a person’s official Social Security card or receipt for a replacement card issued by SSA is acceptable NO The employee must provide another document to establish his or her authorization. NO Original documents must be included, except for a certified copy of a birth certificate.
III | Section 3 Section 3 is NOT Completed Central Payroll retains all original I-9 forms For Recertification Use a new Form I-9 Include on top of the form: o Update o HUID o Paygroup Complete Sections 1 & 2 Send form and copies of the documentation to Central Payroll
IV | Types of Visas
IV | Who Has What Visa? Permanent Resident (No Visa) GREEN CARD ||||||| ||| ||||| H-1B Visa: “Specialty Occupation” such as scientists, engineers F-1 & M-1 Visa: Students J-1 Visa: Specialists, scholars, government visitor, students TN Visa: Residents of Canada or Mexico (part of NAFTA)
IV | Lawful Permanent Residents Who? Someone who is lawfully admitted to the United States to live and work permanently. Also known as a green card holder. I-9 is not recertified. GREEN CARD ||||||| ||| ||||| Section 1 Checkbox USCIS # = Alien # Check the third box Alien / USCIS # Do not have to show the permanent resident card (green card) (I-551) Required Documents (Either/OR) Permanent Residence CardORList B Document (ex. Driver’s License) List C Document (ex. SSN Card)
IV | Sample I-9: Permanent Resident
IV | J-1 Visa – Exchange Visitors and Students Who? An alien who is authorized to work for a specific program, such as government visitor, research scholar, professor, student (associate through doctoral) If extended on a J-1, must get a new 2019 form. Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date Required Documents (Must present ALL, under Type A) Unexpired foreign passport I-94 or I-94A indicating J-1 status Form DS-2019 with SEVIS* number and end date of employment authorization (optional, students only) letter from official program sponsor *SEVIS = International Student & Exchange Visitor Program DS – 2019 Form Provides passport data used to enter U.S.
IV | Sample I-9: J-1 Visa
IV | F-1 Nonimmigrant Student Visa Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date F-1 Visa Holders = foreign students pursuing academic studies Required Documents (Present All under Type A) Unexpired foreign passport I-94 or I-94A indicating F-1 status Form I-20 with school’s official endorsement OPT only: EAD Card On-campus employment 20 hours / week maximum Curricular Practical Training Off-Campus Employment (if affiliated with Harvard, such as a laboratory) I-20 Provides passport data used to enter U.S.
IV | Sample I-9: F-1 Visa
IV | OPT (Optional Practical Training) for F-1 Visas What: Provides practical experience to an F-1 student’s area of study. Hours: 20 hours/week when school is in session & 40hrs/week when not Duration: up to 12-months of OPT upon completion of degree program. Extensions may be possible STEM extension of 17 months of additional employment if they have a job or job offer from an E- Verify employer and meet all the required criteria.E- Verify Restrictions: OPT cannot begin until USCIS has granted the application for employment authorization (Form I-766) Required Document EAD (Employee Authorization Document) Card Section 1 Checkbox Check the fourth box EAD # EAD Expiration Date I-766 (EAD Card)
IV | Sample I-9: F-1 Visa, OPT
IV | H-1B Visas – Specialty Occupation Who: = foreign worker in a specialty occupation that requires theoretical or technical expertise in a certain field. Ex: scientists, engineers, computer programmers. Sponsored by Harvard University. Extension (work with the HIO): I-129 must be filed by Harvard before the H-1B expires. The employee can still work up to 240 days while petition is being filed. Required Documents Unexpired foreign passport I-94 or I-94A indicating H-1B status I-797 Form - Notice of Approval Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date I-797 Provides passport data used to enter U.S.
IV | Sample I-9: H-1B Visa
GLACIER is a secure online tax compliance system that allows the foreign individual to enter in their personal information and automatically calculates their U.S. tax residency status. If they are determined to be a nonresident for tax purposes, it will then: Determine the proper withholding rate for various types of income, and Determine whether a tax treaty would apply to exempt any of the income from withholding. V. GLACIER
GLACIER is a secure online tax compliance system that allows the foreign individual to enter in their personal information and automatically calculates their U.S. tax residency status. If they are determined to be a nonresident for tax purposes, it will then: Determine the proper withholding rate for various types of income, and Determine whether a tax treaty would apply to exempt any of the income from withholding. V. GLACIER – Happening this Fall
V. GLACIER - Benefits Consistent treatment of payments to all foreign individuals at Harvard because GLACIER will be automatically determine tax treatment instead of manually through the FNIF form. Risk reduction due to the fact that the individual is responsible for entering and maintaining their own personal record in relation to IRS requirements. Create a uniform process for setting up payments to foreign individuals ensuring accuracy of withholding and treaty rates.
V. GLACIER - Process 1.Individual’s name, address, and payment frequency is submitted to GLACIER. This can be done by an administer manually entering or uploading the information, or by an automatic data feed. 2.GLACIER sends out an to the individual to invite them to complete the program and includes login and password instructions. 3.Individual is responsible for logging into GLACIER, completing the program, printing the Tax Summary and providing the Forms to the NRA Tax Group. 4.NRA Group uses the Tax Summary to update the individual’s record and withholding rates.
Resources Central Payroll Contact Information: , option 4 USCIS I-9 Central Student and Exchange Visitor Program (SEVP) Handbook for Employees: Instructions for Completing Form I-9 Harvard International Office/Immigration Find the links to several helpful websites in Eureka: (http:/eureka.harvard.edu)http:/eureka.harvard.edu The I-9 Process